[Congressional Record (Bound Edition), Volume 151 (2005), Part 3]
[House]
[Pages 3216-3222]
[From the U.S. Government Publishing Office, www.gpo.gov]




          HUMANITARIAN ASSISTANCE CODE OF CONDUCT ACT OF 2005

  Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 912) to ensure the protection of beneficiaries of 
United States humanitarian assistance.
  The Clerk read as follows:

                                H.R. 912

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page 3217]]



     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Humanitarian Assistance Code 
     of Conduct Act of 2005''.

     SEC. 2. CODE OF CONDUCT FOR THE PROTECTION OF BENEFICIARIES 
                   OF HUMANITARIAN ASSISTANCE.

       (a) Prohibition.--None of the funds made available for 
     foreign operations, export financing, and related programs 
     under the headings ``Migration and Refugee Assistance'', 
     ``United States Emergency Refugee and Migration Assistance 
     Fund'', ``International Disaster and Famine Assistance'', or 
     ``Transition Initiatives'' may be obligated to an 
     organization that fails to adopt a code of conduct that 
     provides for the protection of beneficiaries of assistance 
     under any such heading from sexual exploitation and abuse in 
     humanitarian relief operations.
       (b) Six Core Principles.--The code of conduct referred to 
     in subsection (a) shall, to the maximum extent practicable, 
     be consistent with the following six core principles of the 
     United Nations Inter-Agency Standing Committee Task Force on 
     Protection From Sexual Exploitation and Abuse in Humanitarian 
     Crises:
       (1) ``Sexual exploitation and abuse by humanitarian workers 
     constitute acts of gross misconduct and are therefore grounds 
     for termination of employment.''.
       (2) ``Sexual activity with children (persons under the age 
     of 18) is prohibited regardless of the age of majority or age 
     of consent locally. Mistaken belief regarding the age of a 
     child is not a defense.''.
       (3) ``Exchange of money, employment, goods, or services for 
     sex, including sexual favors or other forms of humiliating, 
     degrading or exploitative behavior, is prohibited. This 
     includes exchange of assistance that is due to 
     beneficiaries.''.
       (4) ``Sexual relationships between humanitarian workers and 
     beneficiaries are strongly discouraged since they are based 
     on inherently unequal power dynamics. Such relationships 
     undermine the credibility and integrity of humanitarian aid 
     work.''.
       (5) ``Where a humanitarian worker develops concerns or 
     suspicions regarding sexual abuse or exploitation by a fellow 
     worker, whether in the same agency or not, he or she must 
     report such concerns via established agency reporting 
     mechanisms.''.
       (6) ``Humanitarian agencies are obliged to create and 
     maintain an environment which prevents sexual exploitation 
     and abuse and promotes the implementation of their code of 
     conduct. Managers at all levels have particular 
     responsibilities to support and develop systems which 
     maintain this environment.''.

     SEC. 3. REPORT.

       Not later than 180 days after the date of the enactment of 
     this Act, and not later than one year after the date of the 
     enactment of this Act, the President shall transmit to the 
     Committee on Appropriations and the Committee on 
     International Relations of the House of Representatives and 
     the Committee on Appropriations and the Committee on Foreign 
     Relations of the Senate a detailed report on the 
     implementation of this Act.

     SEC. 4. EFFECTIVE DATE; APPLICABILITY.

       This Act--
       (1) takes effect 60 days after the date of the enactment of 
     this Act; and
       (2) applies to funds obligated after the effective date 
     referred to in paragraph (1)--
       (A) for fiscal year 2005; and
       (B) any subsequent fiscal year.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Smith) and the gentleman from California (Mr. Lantos) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. Smith).


                             General Leave

  Mr. SMITH of New Jersey. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days within which to revise and 
extend their remarks and include extraneous material on H.R. 912.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, in the wake of the devastating Indian Ocean tsunami and 
the genocide in Darfur, we have witnessed untold suffering. And yet, 
Mr. Speaker, we have learned from other crises situations that people 
in some crises become victims of additional and incomprehensible 
violations, sexual exploitation and abuse. The most vulnerable groups, 
women and children, are at greatest risk.
  The passage of the Humanitarian Assistance Code of Conduct Act of 
2005 ensures that steps will be taken to protect the most vulnerable 
people from sexual exploitation and abuse by those providing aid and 
humanitarian relief operations.
  H.R. 912 requires that the United States Government assistance for 
humanitarian relief operations will be available only to organizations 
that have adopted a code of conduct incorporating the core principles 
of the United Nations Inter-Agency Standing Committee Task Force on 
Protection From Sexual Exploitation and Abuse in Humanitarian Crises. 
These principles include, but are not limited to, the following:
  ``Sexual exploitation and abuse by humanitarian workers constitute 
acts of gross misconduct and are therefore grounds for termination of 
employment.''
  ``Sexual activity with children (persons under the age of 18) is 
prohibited regardless of the age of majority or age of consent locally. 
Mistaken belief regarding the age of a child is not a defense.''
  ``Exchange of money, employment, goods, or services for sex, 
including sexual favors or other forms of humiliating, degrading or 
exploitative behavior, is prohibited. This includes exchange of 
assistance that is due to beneficiaries.''
  Mr. Speaker, passage of the Humanitarian Assistance Code of Conduct 
Act of 2005 will help ensure the protection of beneficiaries of United 
States humanitarian assistance. I urge my colleagues to support it.
  Mr. Speaker, I would also include a CBO estimate for H.R. 912, which 
indicates that this legislation has no significant budgetary effect.
  Mr. Speaker, in addition to the important provisions of H.R. 912, I 
would like to inform my colleagues of additional measures contained in 
a bill I introduced, the Trafficking Victims Protection Reauthorization 
Act of 2005, H.R. 972, which we will be marking up next week, 
cosponsored by my good friend and colleague, the gentleman from 
California (Mr. Lantos), the gentleman from Missouri (Mr. Blunt), and a 
number of other Members of this committee and of this House. That 
comprehensive legislation is designed to help ensure the protection of 
vulnerable women and children in post-natural disaster situations.
  H.R. 972, among several other things, incorporates stronger child 
protection and trafficking prevention activities into USAID, State and 
DOD post-conflict and post-natural disaster relief programs. The 
measure provides for the Secretary of State and the administrator of 
USAID to conduct a study regarding the threat and practice of 
trafficking in persons generated by post-conflict and humanitarian 
emergencies in foreign countries, and to look at and implement best 
practices to combat human trafficking in such areas.
  It also requires, and I think this is very important, that the 
Secretary of State certify that prior to approval of a peacekeeping 
mission or a renewal of the mandate, the Secretary of State would have 
to guarantee or certify, 15 days before that, that appropriate 
safeguards are in place to protect vulnerable populations from 
trafficking and from rape and other kinds of sexual misconduct.
  I would point out parenthetically to my colleagues that yesterday we 
held a day-long hearing on the atrocities committed by U.N. 
peacekeepers in the Congo, where unfortunately there have been credible 
and large numbers of allegations made that U.N. peacekeepers have raped 
13-year-old, 14-year-old, and 15-year-old girls and older and have 
offered them $1 or $2 or a loaf of bread in exchange for this 
exploitation. It is outrageous.
  The U.N. for its part, I believe, is committed to trying to rectify 
and remedy this situation, but more needs to be done; and we need to 
have in place safeguards to ensure that this kind of misconduct, which 
is gross and, unfortunately, very, very prevalent, is mitigated and 
stopped. This bill is another step in that direction; and I applaud the 
gentleman from Massachusetts (Mr. Delahunt), the gentleman from Texas 
(Mr. DeLay), and all of those who have sponsored it and brought it to 
the floor today.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume.

[[Page 3218]]

  Mr. Speaker, I rise in strong support of this legislation. I would 
first like to thank my good friend and distinguished colleague, the 
ranking member of the Committee on International Relations Subcommittee 
on Oversight and Investigations, the gentleman from Massachusetts (Mr. 
Delahunt), for being the principal author of this critically important 
legislation.
  I would also like to express my thanks to my friend, the gentleman 
from New Jersey (Mr. Smith); the majority leader, the gentleman from 
Texas (Mr. DeLay); and the distinguished chairman of the House 
Committee on International Relations, the gentleman from Illinois (Mr. 
Hyde), for their outstanding work on this legislation.
  Mr. Speaker, the humanitarian instincts of the American people run 
deep, and each year the United States helps tens of millions of 
refugees and internally displaced people in conflict zones around the 
globe. When Afghans streamed back to their homes after the fall of the 
Taliban, the United States was on hand to help rebuild homes and 
villages. When the tsunami struck Southeast Asia, the United States, 
and particularly our military, led the way in providing emergency help, 
food, medicine and shelter to hundreds of thousands of people who had 
lost their homes in that horrible tragedy.
  Mr. Speaker, I want specifically to commend former Presidents Bush 
and Clinton for their efforts in this very important undertaking.
  As we speak today, the United States is helping more than 20,000 
Sudanese refugees who have fled their country for the neighboring 
country of Chad to escape the bloodshed in Darfur. In acting on our 
humanitarian impulses, the United States greatly enhances the image of 
our Nation abroad, but only if these activities are carried out 
correctly. Avoiding any linkage between the United States assistance 
and sexual abuse must be a cornerstone principle of our Nation's 
foreign assistance program.
  Over the past year, the United Nations has investigated over 150 
allegations of sexual abuse by United Nations peacekeepers in the 
Democratic Republic of Congo. Women have charged that they have been 
raped by U.N. peacekeepers, the very military forces specifically sent 
there to protect and to defend them. There have been charges that 
children as young as 12 and 13 were bribed with food for sex. Women 
trying to feed their families were forced to trade sex for money or 
food or jobs.
  While most peacekeepers in the Congo obviously did not participate in 
these despicable practices, I strongly agree with United Nations 
Secretary General Kofi Annan who has stated that ``the behavior of a 
few has undermined the contributions of many.''

                              {time}  1030

  In response to the outrages committed in the Congo, Secretary General 
Annan has wisely instituted a non-fraternization policy between United 
Nations Peacekeepers and the local population. This ban forbids United 
Nations personnel and Peacekeepers from engaging in sex with girls 
younger than 18, from engaging in commercial sex of any kind, and 
imposes a curfew of U.N. military contingent.
  We further understand that the United Nations, under Secretary For 
Peacekeeping Operations, is engaged in a far-reaching review that will 
increase enforcement of sexual abuse laws, providing additional 
training of peacekeeping troops before they are deployed in the field, 
and providing better investigatory capacity to ensure that those who 
violate the guidelines are properly punished.
  I commend the United Nations for taking these measures and for making 
it clear that a new zero tolerance policy will apply to all United 
Nations peacekeeping troops abroad.
  In light of the problems faced by the United Nations as it has 
carried out its humanitarian mission, the United States must follow 
suit. We must ensure that all humanitarian organizations receiving 
American money have firm policies which prevent their employees from 
sexually abusing the people they were sent to help.
  Mr. Speaker, the Humanitarian Assistance Code of Conduct Act of 2005 
prohibits funding for refugee, disaster and other humanitarian 
assistance to humanitarian organizations that failed to adopt a code of 
conduct consistent with principles adopted by the U.N. interagency 
standing committee on protection from sexual exploitation and abuse in 
humanitarian crisis. It is long past time for us to ensure that 
humanitarian organizations that receive U.S. funding fully comply with 
these principles. The time for voluntary acceptance is over and 
mandatory compliance must now begin.
  The United States is a most generous Nation, Mr. Speaker, and 
American humanitarian organizations provide invaluable expertise and 
hands-on assistance in crisis zones around the globe. With the passage 
of our legislation, refugees and internally displaced people can have 
even more confidence that American assistance is distributed according 
to the highest standards of conduct.
  I urge all of my colleagues to support this legislation.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Massachusetts (Mr. Delahunt), the distinguished author of the bill 
and my good friend.
  Mr. DELAHUNT. Mr. Speaker, I thank the ranking member and appreciate 
his encouragement and support in this particular effort along with his 
leadership on the full Committee on International Relations on the 
House side.
  Mr. Speaker, as others have said, including the gentleman from 
California (Mr. Lantos) and the gentleman from New Jersey (Mr. Smith), 
this bill represents yet another step forward in the comprehensive 
effort to address the international human tragedy of sexual 
exploitation of women and children. It would mandate that humanitarian 
relief agencies adopt a code of conduct that would promote protection 
for potential victims.
  As the gentleman from California (Mr. Lantos) indicated, U.S. funding 
would only be available if those agencies had expressly articulated and 
adopted such a policy. The bill enumerates six core principles that 
incorporate the findings of a task force created by the United Nations 
in 2002. To mention a few, and I will be repetitive, but I think it is 
important to repeat because these provisions are of consequence.
  Sexual activity with a child under 18 is prohibited regardless of 
local law. The exchange of sexual favors for any reason is defined as 
abusive and exploitative behavior. It is humiliating and degrading, and 
as such, it is prohibited. Where there is a concern of abuse or 
exploitation on the part of a humanitarian worker, that individual, 
that humanitarian worker is required, is mandated now, under the 
provisions of this legislation, to report their suspicions to the 
proper authorities. And most importantly, humanitarian agencies are 
obliged to create and maintain an environment which prevents sexual 
exploitation and abuse and promotes the implementation of their code of 
conduct.
  It cannot be denied that as a people and a government, the United 
States has responded to crisis after crisis. At the same time, Mr. 
Speaker, it is estimated that 600,000 to 800,000 people, mostly women 
and children, are trafficked across national borders. It is also 
estimated that 2 million children, 2 million children are enslaved in 
the global sex trade. The magnitude of this crisis is immense. And 
sadly, Mr. Speaker, it goes largely unnoticed. It is an international 
scandal that needs to be revealed and acknowledged by the international 
community because that is necessary before we can adequately address it 
and seek to eradicate it. Information and discussion about this tragic 
reality is critical because there is widespread agreement that 
education and awareness, public awareness are the keys to prevention. 
And if we persist in our collaboration with other governments and 
stakeholders, including the United Nations, I am convinced that our 
efforts will result in a significant decline in these unacceptable 
numbers.
  The truth is we are making progress. Since 2001, the U.S. has 
provided close

[[Page 3219]]

to $300 million to support anti-trafficking programs in 120 countries. 
Under the leadership of the gentleman from New Jersey (Mr. Smith), the 
Protect Act became law, which allows for the prosecution of U.S. 
citizens who travel abroad to sexually abuse minors. And in the private 
sector we secured a commitment from the travel and tourism industry to 
implement its own code of conduct on child trafficking. And I am 
confident that the passage of this bill code will build on that 
progress that we have already observed because it will increase public 
awareness of this quiet crisis. And hopefully it will impact the 
cultural attitudes that nurture this behavior, often by silence and 
acquiescence by looking the other way, by ignoring its existence. And 
there have been some positive developments.
  Recently, the action of the government of Morocco in filing charges 
against their own troops who purportedly bribed Congolese children with 
food for sex while serving as U.N. Peacekeepers has to be noted for the 
record, because I have no doubt that the tangible and cumulative 
efforts of this Congress and many of the stakeholders contributed in an 
indirect way do that particular action. Because by our cumulative 
efforts we have announced to the world, to the international community 
that this issue is a high priority for the United States and for every 
American.
  The idea for this discrete proposal was generated as a result of a 
meeting in the Majority Leader's office this past January, and I want 
to acknowledge his leadership on this issue, I see the gentleman 
presents in the Chamber now, not only on the bill before us today, but 
for his long and committed engagement on children's issues.
  The Majority Leader has made a difference, and I would be remiss also 
not to note the contributions made by the gentleman who controls the 
time for the majority, the gentleman from New Jersey (Mr. Smith) whose 
leadership on this whole array, this particular issue and other related 
issues, can only be described as inspirational. Many are in the debt of 
the gentleman from New Jersey (Mr. Smith), many victims across the 
world.
  As a people and a government, the United States responded as we 
always do in a very positive way to the tsunami in South Asia and to 
every crisis that besets this planet with passion and incredible 
generosity. But we cannot lose sight of that unfortunate reality that 
at such times, there are increased opportunities for sexual predators 
and those who would traffic for sexual reasons.
  So today, once more, we are announcing to the rest of the world that 
protection of women and children is a top priority for the people of 
the United States.
  Before I conclude, I think it is incumbent upon me to recognize the 
key members of the staffs on both sides who achieved what I consider to 
be a thoughtful and obviously bipartisan piece of legislation.
  First, let me thank the staff of the Majority Leader's office for 
their cooperation and hard work enabling us to reach this result. With 
their customary incredible energy, Cassie Statuto Bevans demonstrated a 
sincere determination to craft the best legislative proposal to protect 
women and children who are at risk. I am also grateful for the helpful 
assistance of Hope Henry in the office of the gentleman from Texas (Mr. 
DeLay). From the House Committee on International Relations, Renee 
Austell and Matt McLean provided significant time and expertise helping 
us to formulate the right approach.
  In addition, I would like to acknowledge the import and guidance of 
my Democratic colleagues on the committee, Pearl Alice Marsh and Robin 
Roizman. And I would also like to extend my appreciation to Rob Blair 
with the Subcommittee on Foreign Operations, Export Financing and 
Related Programs of the House Committee on Appropriations whose timely 
and insightful guidance throughout this process is much appreciated by 
me and my own staff.
  Finally, I would like to extend my appreciation for the skillful 
assistance of Mark Synnes in the Office of Legislative Counsel in the 
drafting of this bill. Myself, and I know the gentleman from Texas (Mr. 
DeLay) and the gentleman from New Jersey (Mr. Smith) and the gentleman 
from California (Mr. Lantos) also appreciate the letters of support 
that we have received from several leading relief organizations, 
including InterAction, Save the Children, the American Red Cross, 
Refugees International, World Vision and UNICEF.
  By the way, I also want to acknowledge the assistance and help of my 
own staffer, Christine Leonard.
  Mr. Speaker, with that I urge my colleagues to unanimously approve 
this legislation.

                   [From World Vision, Mar. 1, 2005]

Statement of World Vision on H.R. 912, the Humanitarian Assistance Code 
                         of Conduct Act of 2005

       Washington.--World Vision would like to thank House 
     Majority Leader Tom DeLay and Congressman William Delahunt 
     for their ongoing commitment to protecting children from harm 
     and their leadership in drafting H.R. 912, the Humanitarian 
     Assistance Code of Conduct Act of 2005.
       World Vision supports this important piece of legislation.
       Each year, millions of children are exploited and abused 
     around the world, often in the midst of a disaster, such as 
     the tsunami that impacted South Asia in December 2004. 
     Humanitarian organizations must be part of the first line of 
     defense in protecting these children, and this includes 
     measures for self-accountability and proper conduct.
       H.R. 912 helps to ensure this accountability and conduct by 
     prohibiting the funding of relief organizations that have not 
     adopted a code of conduct that provides for the protection of 
     beneficiaries from sexual exploitation and abuse in 
     humanitarian operations.
       World Vision has been in the forefront of developing 
     comprehensive child protection policies and codes of conduct 
     among the humanitarian aid community. All organizations that 
     work with children should use every available measure to 
     protect children from harm.
       World Vision is a Christian relief and development 
     organization dedicated to helping children and their 
     communities worldwide reach their full potential by tackling 
     the causes of poverty. World Vision serves the world's poor--
     regardless of religion, race, ethnicity, or gender. In 2004, 
     World Vision operated in nearly 100 countries around the 
     world.
                                  ____



                                United States Fund for UNICEF,

                                New York, NY 10016, March 1, 2005.
     RE: The Humanitarian Assistance Code of Conduct Act of 2005

     Hon. Tom Delay,
     House Majority Leader, Capitol Building, Washington, DC.
       Dear Mr. Leader: On behalf of the United States Fund for 
     UNICEF, I am writing to offer our thanks for your leadership 
     in introducing the Humanitarian Assistance Code of Conduct 
     Act of 2005. This bipartisan legislation will help reduce the 
     risk of exploitation and abuse of children in complex 
     humanitarian emergencies. We are happy to join the coalition 
     of groups endorsing this important legislation.
       UNICEF is committed to a zero tolerance policy toward the 
     sexual abuse and exploitation of children, or any other form 
     of child abuse or exploitation by its staff or those 
     affiliated with UNICEF. As of October of 2003, the United 
     Nations Secretary-General promulgated a bulletin which 
     requires all UN staff to adhere to the six core principles 
     developed by the UN Inter-Agency Standing Committee. We are 
     glad to see these same core principles included in your 
     legislation and extended to all humanitarian relief 
     operations.
       Your legislation is a big step forward to the goal of 
     universal application and enforcement of the humanitarian 
     code of conduct. We thank you for your leadership and look 
     forward to working with you on this issue and other child 
     protection issues.
           Sincerely,
                                                 Charles J. Lyons,
     President, U.S. Fund for UNICEF.
                                  ____

                                              American Council for


                               Voluntary International Action,

                                                    March 1, 2005.
     Rep. Tom DeLay,
     House of Representatives,
     Washington, DC.
       Dear Rep. DeLay: On behalf of InterAction, the largest 
     alliance of U.S. based nongovernmental organizations working 
     in international humanitarian and development assistance, I 
     write to commend you and Representative Delahunt for your 
     interest and commitment in advancing the protection of 
     beneficiaries of humanitarian assistance and for providing us 
     an opportunity to comment on H.R. 912, The Humanitarian 
     Assistance Code of Conduct Act of 2005. InterAction exists to 
     enhance the effectiveness and professional capacities of our 
     member organizations engaged in international

[[Page 3220]]

      humanitarian efforts. As such, we are committed to promoting 
     the highest standards of ethical and effective performance 
     among our members as we strive towards overcoming poverty, 
     exclusion and suffering in the world.
       As you are well aware, most of the victims of conflict and 
     those most often affected by humanitarian crises are women 
     and children. They are also the most vu1nerable to further 
     exploitation in the delivery of humanitarian relief. This was 
     dramatically highlighted by the February 2002 report by the 
     United Nations High Commissioner for Refugees and Save the 
     Children-UK containing allegations of widespread abuses of 
     displaced children, particularly young girls, in humanitarian 
     situations.
       InterAction immediately established a task force comprised 
     of member CEOs to develop guidelines and recommendations that 
     humanitarian agencies, particularly InterAction members, 
     might take to prevent the abuse of displaced children. The 
     report of the InterAction task force was widely disseminated 
     in the humanitarian community and shared with our donors, 
     partners and policymakers and included the recommendation 
     that humanitarian agencies revise or adopt codes of conduct 
     to reflect the six core principles of the IASC Task Force on 
     Sexual Exploitation and Abuse in Humanitarian Crises. In 
     addition, InterAction amended its own membership standards to 
     include the adoption of a code of conduct against the 
     exploitation of humanitarian beneficiaries by our members. 
     Finally, we continue our efforts to advance and enhance the 
     protection of vulnerable populations in humanitarian 
     situations through our Protection Working Group.
       InterAction members appreciate the legislation that has 
     been drafted by you and Mr. Delahunt and appreciated the 
     opportunity to work with your staff in the drafting of this 
     legislation. InterAction strongly supports efforts to require 
     organizations involved in the delivery of humanitarian 
     assistance to adopt codes of conduct to protect beneficiaries 
     from sexual exploitation and abuse. Furthermore, InterAction 
     supports the six core principles of the United Nations Inter-
     Agency Standing Committee Task Force on Protection From 
     Sexual Exploitation and Abuse in Humanitarian Crises, which 
     have been widely agreed upon as the guiding principles for 
     such codes of conduct.
       We believe that such a code of conduct should be required 
     for organizations providing all manner of humanitarian 
     assistance, not just to refugees and internally displaced. 
     However, we would urge that any requirement for a code of 
     conduct allow humanitarian agencies flexibility in the type 
     of code required and the manner in which it is implemented to 
     reflect the many variables of organizational structure and 
     country environments. Finally, while we understand that this 
     legislation does not carry any funds for training and 
     technical assistance for the affected U.S. government 
     agencies or their implementing partners, we believe that such 
     assistance is necessary and hope that you will address this 
     need in the near future.
       We thank you for your interest and commitment to protection 
     of beneficiaries of humanitarian assistance from sexual 
     exploitation and abuse.
           Sincerely,
                                                Mary E. McClymont,
     President and CEO.
                                  ____


                 [From Save the Children, Mar. 1, 2005]

Statement of Save the Children in Support of H.R. 912, the Humanitarian 
                 Assistance Code of Conduct Act of 2005

       On behalf of Save the Children, the leading independent 
     organization committed to creating real and lasting change in 
     the lives of children in need, we applaud the introduction of 
     H.R. 912, The Humanitarian Assistance Code of Conduct Act of 
     2005. Introduced by House Majority Leader Tom DeLay and 
     Congressman William Delahunt, we believe that this 
     legislation sends an important message to all organizations 
     providing assistance to refugees and internally displaced 
     people (IDP)--the majority of whom are women and children--
     that abuse and exploitation will not be tolerated.
       Whether as a result of war or natural disaster, a child's 
     vulnerability to abuse is very similar. To survive, women and 
     children in refugee camps are frequently put in a position 
     where they have little choice but to barter with their bodies 
     in order to obtain desperately needed food and assistance. 
     The full extent of sexual exploitation and abuse of children 
     in war and conflict is largely unknown. However, according to 
     UNIFEM in Sierra Leone, 94 percent of displaced families 
     experienced sexual abuse. Furthermore, 40 percent of the 
     population, including 692,000 children, suffered sexual abuse 
     from 1994-1997 at the height of the civil war. In just one 
     camp for displaced persons in Darfur, 15 cases of rape are 
     reported each week.
       A joint Save the Children/UNHCR assessment mission looking 
     at refugee and IDP communities in West Africa in October/
     November 2001 highlighted the fact that these issues need 
     urgent attention. The mission found that a large number of 
     refugee and displaced children, mainly girls, were victims of 
     sexual violence and many more were forced into exploitative 
     relationships in order to obtain food, shelter, healthcare 
     and education. Protection concerns must be integrated into 
     humanitarian services.
       As a result of the West Africa report, Save the Children 
     participated in the writing of the Inter-Agency Standing 
     Committee (IASC) Task Force on Protection from Sexual 
     Exploitation and Abuse in Humanitarian Crises six core 
     principles relating to sexual exploitation and abuse by 
     humanitarian workers. Making these principles the standard 
     operating procedures for organizations receiving U.S. 
     Government funding will help ensure that these most 
     vulnerable children and their families are not victimized by 
     those who are sent to help.
                                  ____


                     [From the American Red Cross]

       We applaud the efforts of Majority Leader Tom DeLay and 
     Representative William Delahunt. The Humanitarian Assistance 
     Code of Conduct Act of 2005 will go far to help ensure the 
     protection of some of the world's most vulnerable people.
       The American Red Cross fully supports the effort to prevent 
     sexual exploitation and abuse in any form, especially when 
     committed against children. As an organization chartered by 
     Congress to bring emergency relief to disaster victims all 
     over the world, we firmly believe that our humanitarian 
     workers should behave in a way that is beyond reproach.
       Since 2003, the American Red Cross has integrated the six 
     core principles identified by the Inter-Agency Standing 
     Committee Task Force on Protection within the policies and 
     procedures of the American Red Cross International Services. 
     Making these principles the standard operating procedures for 
     relief organizations will help ensure those most in need are 
     not victimized yet again by those sent in to help. Our 
     organization stands in support of this legislation and thanks 
     Congress for advocating on behalf of those in need of 
     humanitarian assistance.
                                  ____


              [From Refugees International, Mar. 1, 2005]

Statement by Ken Bacon, President of Refugees International, in Support 
      of The Humanitarian Assistance Code of Conduct Act (HR 912)

       Refugees International (RI) applauds the introduction of HR 
     912: The Humanitarian Assistance Code of Conduct Act to 
     protect beneficiaries of humanitarian assistance. Since the 
     scandal in Sierra Leone involving `sex for food' abuses by 
     humanitarian workers in 2002, United Nations agencies and 
     U.S. non-governmental organizations have slowly begun to 
     implement codes of conduct regarding sexual exploitation. The 
     Inter-Agency Standing Committee Code of Conduct, the 
     principles of which are included in this legislation, is 
     testimony to the seriousness with which the responsible 
     members of the humanitarian community have responded to this 
     issue.
       However, many contractors and others that have received 
     funding from the U.S. government have not yet faced up to the 
     issue of sexual exploitation in emergency settings. The 
     battle to protect vulnerable women and children from 
     humiliating and degrading behavior is difficult, as is 
     evidenced by the ongoing problems in the Democratic Republic 
     of Congo. By requiring that all U.S. humanitarian funding go 
     to organizations that are working within the framework of the 
     IASC guidelines, Congress is sending a strong message to 
     vulnerable women and children that they have a powerful ally 
     in their struggle for human dignity in the face of 
     overwhelming odds.
       As an independent organization that promotes life-saving 
     action for displaced people around the world, RI strongly 
     supports the US Congress's efforts to require all 
     organizations involved in the delivery of humanitarian 
     assistance to adopt a code of conduct to protect vulnerable 
     women and children from sexual exploitation and abuse by 
     those charged with assisting them. We are fully committed to 
     the IASC principles and to advancing the code of conduct 
     throughout the humanitarian community. RI therefore urges all 
     members of Congress to support the vulnerable women and 
     children of the world by passing this bill into law.

                              {time}  1045

  Mr. SMITH of New Jersey. Mr. Speaker, I yield such time as he may 
consume to the gentleman from Texas (Mr. DeLay), the distinguished 
majority leader.
  Mr. DeLAY. Mr. Speaker, I thank the gentleman for yielding me the 
time, and I really thank the gentleman from Massachusetts (Mr. 
Delahunt) for bringing this bill to the floor and particularly the 
gentleman from California (Mr. Lantos) and the gentleman from New 
Jersey (Mr. Smith) for working hard to make sure it was all right and 
well. These three gentlemen have worked tirelessly on children's 
issues, particularly this issue. It is a thankless issue.
  Just like people in the United States do not want to talk about 
abused and

[[Page 3221]]

neglected children in foster care, people around the world, and 
particularly governments, do not want to recognize that sex trafficking 
is going on, slavery is going on, and actual exploitation of children 
and women is going on around the world. These three men have worked 
tirelessly on the thankless job to raise this issue, an issue this is 
vitally important to the lives of many, many people.
  Last December, the United Nations Under Secretary for Humanitarian 
Relief reported that cases of sexual abuse and exploitation by U.N. 
peacekeeping and humanitarian personnel had reached an unacceptable 
level.
  Victims of natural disasters and civil wars, especially children, are 
among the most vulnerable people on Earth.
  In many places around the world, the security of homes, families and 
lives rely on the compassion and commitment of international relief 
organizations. As anyone who has ever seen them in action could tell my 
colleagues, the men and women who devote their lives to this work, who 
travel at a moment's notice to help total strangers, survive in 
desperate straits, arrive on such scenes with wings on their backs.
  The very thought that such people could prey upon the women and 
children under their care is disturbing in the extreme, and yet we must 
now sadly admit such cases have occurred.
  Victims of disasters need our help, and the American people always 
respond to humanitarian crises with compassion and generosity. That any 
of our generosity for these victims might be twisted into revictimizing 
them will not stand.
  Assistance must reach those in need of relief, and it must be 
delivered by organizations and individuals committed to their safety. 
That is what this bill will do.
  The Humanitarian Assistance Code of Conduct Act, the result of 
cooperation from humanitarian relief organizations, administration 
officials, and especially the work of the gentleman from Massachusetts 
(Mr. Delahunt) will ensure that from now on the American people need 
not accept a choice between indifference and abuse.
  It will require any organization receiving humanitarian assistance 
funds from the United States Government adopt a strict code of conduct 
for its relief workers.
  It will prohibit humanitarian relief workers from engaging in sexual 
contact with minors, soliciting prostitution, and in other ways 
exploiting the women and children of disaster-ravaged communities.
  Such organizations must strongly discourage any sexual relationships 
between relief workers and beneficiaries and will immediately terminate 
any worker who crosses the line.
  The best of such groups already adhere to the principles in this 
bill, groups that have assisted in its development, groups that set a 
gold standard for every aspect of humanitarian activity; and the 
adoption of these principles by more and more groups will help 
eradicate the behavior they specifically prohibit.
  This code of conduct will help identify and document at-risk children 
in devastated regions, reducing the likelihood that such children will 
fall through the cracks and into the dark world of exploitation, abuse, 
and even human trafficking.
  It is sickening that this bill even merits consideration, Mr. 
Speaker; but in order to protect some of the world's most vulnerable 
people, consider it and pass it we must.
  The exploitation of women and children who have already lived misery 
few of us could even imagine at the hands of their would-be rescuers is 
a corruption of humanity itself. Those responsible for such evil are 
terrorists of the soul, Mr. Speaker, their crimes of a sort 
civilization cannot brook.
  I urge my colleagues to join me in supporting the gentleman from 
Massachusetts' (Mr. Delahunt) bill and reminding the world the only 
acceptable level of abuse and exploitation of human life is none.
  I, too, want to thank the staff, particularly my staff, Dr. Cassie 
Bevan, in working on this, the staff of the Committee on International 
Relations on both sides; and certainly the gentleman from 
Massachusetts' (Mr. Delahunt) staff did excellent work on this issue.
  This is an issue that people have to pay attention to, and hopefully 
this bill will help.
  Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume.
  We have no additional requests for time; but before yielding back, I 
want to join the gentleman from Massachusetts (Mr. Delahunt) in paying 
tribute to the majority leader and to the gentleman from New Jersey 
(Mr. Smith) for their invaluable work on this issue.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SMITH of New Jersey. Mr. Speaker, we do have one additional 
request for time, and I yield such time as he may consume to the 
distinguished gentleman from Connecticut (Mr. Shays).
  Mr. SHAYS. Mr. Speaker, I appreciate the gentleman yielding me time, 
and I just want to rise in strong support for the gentleman from 
Massachusetts' (Mr. Delahunt) bill and a bill supported by the 
gentleman from Texas (Mr. DeLay), the majority leader, and to thank the 
gentleman from New Jersey (Mr. Smith) and the gentleman from California 
(Mr. Lantos) for always being out front on such important issues.
  This bill takes a very meaningful step. It may be small, but it is 
meaningful to ensure those who are most vulnerable in emergency 
situations, women and children, are not exploited.
  In my work as chairman on the Subcommittee on National Security, 
Emerging Threats and International Relations, I have had the 
opportunity to witness the crucial and awe-inspiring work of 
humanitarian aid organizations around the world. I am, frankly, in awe 
of organizations like AmeriCares, Save the Children, MercyCorps and so 
many others. They do extraordinary work.
  As an original cosponsor of this legislation, I can clearly state we 
have no intention of hindering, in any way, the crucial work these and 
other humanitarian organizations do. In fact, most of the organizations 
working with the USAID already have adopted policies that protect their 
beneficiaries.
  What we do want to say, however, is that with the U.S. Government's 
financial assistance comes some responsibility, and so by passing this 
legislation we will require aid organizations to adopt a code of 
conduct that protects beneficiaries of their assistance from sexual 
exploitation and abuse. This is not a burdensome condition.
  In fact, the United Nations created a Task Force on Protection from 
Sexual Exploitation and Abuse in Humanitarian Crises and established a 
set of six core principles. This legislation clarifies the code of 
conduct should be consistent with those six principles to the maximum 
extent practicable.
  We can all agree that Americans want to know our foreign assistance 
is being put to good use and certainly that it is doing no harm. I am 
sincerely grateful to the gentleman from Massachusetts (Mr. Delahunt) 
and to the gentleman from Texas (Mr. DeLay). It makes me feel 
encouraged that on a bipartisan basis we can do something that has 
meaning and frankly will not only bring our country together, but bring 
this Congress together.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield myself 30 seconds.
  We have no further requests for time, and I just want to conclude and 
again say to my friends on the other side of the aisle, to the 
gentleman from Massachusetts (Mr. Delahunt), the gentleman from 
California (Mr. Lantos), as well as to the gentleman from Illinois (Mr. 
Hyde), the chairman of our distinguished Committee on International 
Relations, to the gentleman from Connecticut (Mr. Shays) and, of 
course, to our majority leader for his leadership on this in ensuring 
that this very important piece of legislation not only gets expedited 
treatment but will be passed early and closed enough to the tsunami in 
order to address some of the problems that were exposed as a result of 
it.
  Children need protection. Women need protection. This bill advances 
that ball. It is an important and very

[[Page 3222]]

noble task, and I am glad we have bipartisan consensus on this kind of 
humanitarian and human rights legislation.
  Ms. PRYCE of Ohio. Mr. Speaker, I rise today in support of H.R. 912, 
the Humanitarian Assistance Code of Conduct Act. I'd like to first 
thank Majority Leader DeLay and the gentleman from Massachusetts, Mr. 
Delahunt, for their steadfast work on crafting this critical 
legislation. They have put partisan politics aside to collaborate on a 
monumental initiative that will establish a clear U.S. policy to 
protect some of the most vulnerable refugees in the tsunami-affected 
areas.
  It's been over two months since the tsunami devastated villages and 
neighborhoods across South Asia. Yet while the images we were so used 
to seeing on television in the days and weeks after the tragedy struck 
seem to have all but disappeared from the airwaves, lives remain 
shattered, loved ones are still missing, and communities are still 
coping with inexplicable loss and devastation.
  Individuals and communities around the world have poured out their 
hearts and opened up their pocketbooks to help victims of the tsunami. 
And while so much good has come out of something so terrible, there 
remains a dark and vicious threats that has infiltrated this region for 
years.
  South Asia has been a source and destination for human trafficking 
for a long time. While efforts are being made to put a stop to this 
horrific form of modern day slavery, the problem remains prevalent in 
this region. Natural disasters, like the tsunami, significantly 
increase the risk for trafficking and exploitation of women and 
children.
  That is why the legislation we're considering on the floor today is 
important. It takes us another step forward in our global effort to 
combat human trafficking and the sexual exploitation of women and 
children. This measure will help insure that the children in the 
tsunami-affected region who lost family members or the roof over their 
heads will be protected from those who may try to prey on them.
  I urge my colleagues to lend their strong support for this critical 
legislation.
  Mr. SMITH of New Jersey.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. LaHood). The question is on the motion 
offered by the gentleman from New Jersey (Mr. Smith) that the House 
suspend the rules and pass the bill, H.R. 912.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. LANTOS. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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